Hutchinson v. King

Jenkins, Justice.

1. Although it is the statutory rule that “a deed or bill of sale, absolute on its face and accompanied with possession of the property, shall not be proved, at the instance of the parties, by parol evidence to be a mortgage only, unless fraud in its procurement shall be the issue to be tried” (Code, § 67-104; Brown v. Carmichael, 149 Ga. 548 (2), 101 S. E. 124; Berry v. Royal, 152 Ga. 425, 427, 110 S. E. 167), and this rule applies where it is sought “to show by parol that [a] deed absolute in form was in fact a deed to secure a debt” (Wilkes v. Carter, 149 Ga. 240 (2), 99…